Unless otherwise expressly stated, the following words and terms
shall, for the purpose of this chapter, have the meaning indicated:
A.
Words used in the present tense shall include the future.
B.
Words used in the singular include the plural and vice versa.
C.
The words "should" and "may" are permissive; the words "shall" and
"will" are mandatory.
D.
The words "person," "applicant," "subdivider," "developer" and "landowner"
include a corporation, unincorporated association, a partnership,
other legal entity, as well as an individual.
E.
The word "building" includes structure and shall be construed as
if followed by the phrase "or part thereof."
[Amended 7-26-2004 by Ord. No. 2004-4]
As used in this chapter, the following terms shall have the
meanings indicated:
A private drive providing vehicular access between a public
or private street and a parking area within a land development.
A landowner, developer or authorized agent, who has filed
an application for subdivision or land development including heirs,
successors and assigns.
Every application, whether preliminary, tentative or final,
required to be filed and approved prior to start of construction or
development including, but not limited to, an application for a building
permit, for the approval of a subdivision plat or plan or for the
approval of a development plan.
An area, divided into lots and bounded by three or more streets.
The portion of a street right-of-way, paved or unpaved, intended
for vehicular use.
An area of unobstructed vision at a street intersection(s)
defined by lines of sight between points at a given distance from
the intersecting street right-of-way lines.
A parcel or parcels of land or an area of water, or a combination
of land and water within a development site and designed and intended
for the use of residents of a development, not including streets,
off-street parking areas and areas set aside for public facilities.
A publicly or privately owned right-of-way for pedestrian
use extending from a street into a block or across a block to another
street.
A minor street intersecting a through street at one end and
terminating in a vehicular turnaround at the other end or looping
back onto itself.
Any landowner, agent of such landowner or tenant with the
permission of such landowner, who makes or causes to be made a subdivision
of land or a land development.
The provisions for development including a planned residential
development, a plat for subdivision, all covenants relating to use,
location and bulk of buildings and other structures, intensity of
use or density of development, streets, ways and parking facilities,
common open space and public facilities. The phrase "provisions of
development plan," when used in this chapter, shall mean the written
and graphic materials referred to in this definition.
Facilities designed to convey runoff such as inlets, sewer
pipes, culverts, ditches.
A plan showing all present and existing surface and subsurface
drainage conditions as described by grades, contours and topography
with proposed methods and facilities to collect and convey said drainage.
A private drive providing access between a public or private
street or access drive and the parking area for a single residential
unit of occupancy.
A right-of-way granted, but not dedicated, for limited use
of private land for a public or quasi-public purpose and within which
the owner of the property shall not erect any permanent structures,
but shall have the right to make any other use of the land which is
not inconsistent with the rights of the grantee.
A professional engineer licensed to practice in the Commonwealth
of Pennsylvania designated as the Engineer for the Township of Fairview.
The minimum requirements of the Township regulating the installation
of any required improvements or for any facility, installed by an
owner or developer, subject to public use.
The land use present at the time a drainage/stormwater management
plan is submitted. However, a more impervious existing condition can
be used if the developer can document that a more impervious condition
was present at the time the Township adopted this section. For computation
purposes, meadow or good woods/forest shall be used for existing pervious
conditions. For existing areas consisting of a combination of pervious
and impervious cover, either a composite of meadow, good woods/forest,
and impervious/parking shall be used or the various precomputed composite
covers for developed areas shall be used.
A surface that generally prevents the infiltration of water
into the ground.
Grading, paving, roads and streets, walkways, curbs, gutters,
streetlights, fire hydrants, shade trees, water mains, sanitary sewers,
storm drains, stormwater retention, detention basins and other related
drainage facilities, recreational facilities, open space and public
facilities, etc., as may be required by this chapter.
Any of the following activities:
The improvement of one lot or two or more contiguous lots, tracts
or parcels of land for any purpose involving:
A group of two or more residential or nonresidential buildings,
whether proposed initially or cumulatively, or a single nonresidential
building on a lot or lots, regardless of the number of occupants or
tenure.
The division or allocation of land or space, whether initially
or cumulatively, between or amount two or more existing or prospective
occupants by means of, or for the purpose of streets, common areas,
leaseholds, condominiums, building groups or other features.
A subdivision of land.
"Land development" does not include development which involves:
The conversion of an existing single-family detached dwelling
or single-family semidetached dwelling into not more than three residential
units, unless such units are intended to be a condominium.
The addition of an accessory building, including farm building,
on a lot or lots subordinate to an existing principal building.
The addition or conversion of buildings or rides within the
confines of an enterprise which would be considered an amusement park.
For the purposes of this subsection, an amusement park is defined
as a tract or area used principally as a location for permanent amusement
structures or rides. This exclusion shall not apply to newly acquired
acreage by an amusement park until initial plans for the expanded
area have been approved by the proper authorities.
A designated parcel, tract or area of land established by
a plat or otherwise as permitted by law and to be used, developed
or built upon as a unit.
An interior lot having frontage on two streets.
A lot with two distinct parts: the flag, which is the only
building site for a primary structure and is located behind another
lot; and the pole, which connects the flag to the street which provides
the only street frontage for the lot and at any point is less than
the minimum lot width requirements. A flag lot shall have the building
setbacks and yards measured from the property lines of the flag portion
of the lot only.
[Added 10-30-2017 by Ord.
No. 2017-3]
A line that separates a lot from another lot or from a street
or any other public or private space.
A lot described in a deed or shown on a plan of lots which
has been recorded in the office of the Recorder of Deeds of York County,
Pennsylvania.
A fixed landmark to establish the location of the legal right-of-way
of streets, easements, boundary lines and property corners. Each marker
shall be constructed and placed as specified herein by this chapter.
A transportable, single-family dwelling intended for permanent
occupancy, contained in one unit or in two or more units designed
to be joined into one integral unit capable of again being separated
for repeated towing, which arrives at a site complete and ready for
occupancy except for minor and incidental unpacking and assembly operations
and constructed so that it may be used without a permanent foundation.
A parcel of land in a mobile home park, improved with the
necessary utility connections and other appurtenances necessary for
the erection thereon of a single mobile home.
A parcel or contiguous parcels of land which has been so
designated and improved that it contains two or more mobile home lots
for the placement thereon of mobile homes.
A permanent and fixed landmark to establish two locations
at either a legal right-of-way of a street, easement, boundary line
or property corner as determined by the engineer and constructed as
specified herein by this chapter.
A body politic and corporate created pursuant to the Act
of May 2, 1945 (P.L. 382, No. 164), known as the "Municipalities Authority
Act of 1945."[1]
Fairview Township, York County, Pennsylvania.
The Comprehensive Development Policy Plan and/or Future Land
Use Plan, and/or Ultimate Right-of-Way Plan, and/or Official Map or
other such plans or portions thereof, as may be adopted, pursuant
to statute, for the Township.
A tract of land legally recorded on or after July 5, 2004,
that may be subdivided into five or more lots.
Any individual, firm, trust, partnership, public or private
association or corporation, or other entity.
A surface that generally permits the infiltration of water
into the ground.
The Fairview Township Planning Commission.
The map or plan of a subdivision or land development plan,
whether preliminary or final.
A street, including the entire private right-of-way, that
is privately owned and maintained through private agreement and that
is intended for private use. A private street provides access to several
lots or parcels that do not have access to a public street and that
require access to a public street, through a private street. All private
streets shall be constructed in accordance with the street design
requirements of this chapter.
Includes:
A formal meeting held pursuant to public notice by the Board
of Supervisors or Planning Commission, intended to inform and obtain
public comment, prior to taking action in accordance with this chapter.
A forum held pursuant to notice under the Act of July 3,
1986 (P.L. 388, No. 84), known as the "Sunshine Act," 53 P.S. § 271
et seq.
Notice published once each week for two successive weeks
in a newspaper of general circulation in the Township. Such notice
shall state the time and place of the hearing and the particular nature
of the matter to be considered at the hearing. The first publication
shall not be more than 30 days and the second publication shall not
be less than seven days from the date of the hearing.
A street, including the entire public right-of-way, that
has been dedicated to and accepted by the Township or state or that
has been devoted to public use by legal mapping, use or other means.
A vehicle with or without motive power which may be towed
on the public highways by a passenger automobile or carriers on a
truck or driven on the public highway without a special hauling permit
and which is designed for human occupancy under transient circumstances,
such as camping, travel or other recreation, sometimes variously known
as a "travel trailer" or a "camping vehicle."
A portion of a lot or a developed property sized to permit
the installation of a subsurface sewage disposal area that is reserved
to allow that installation in the event of the malfunction of the
originally installed on-lot sewage disposal system.
A parcel of ground in separate ownership separating a street
from other adjacent properties.
The total width of any land reserved or dedicated as a street,
alley, crosswalk or for other public purposes.
The length of unobstructed vision (in either a horizontal
or vertical plane) along a street from a vehicle located at any given
point on the street.
Facilities designed to reduce peak flow and/or volumes such
as stormwater management ponds, underground storage, rooftop storage,
pervious parking, etc.
Includes street, avenue, boulevard, road, highway, freeway,
parkway, lane, alley, viaduct or any other ways used or intended to
be used by vehicular traffic or pedestrians, whether public or private.
ARTERIAL OR MAJOR STREETA street serving large volumes of comparatively high-speed and long-distance or through traffic, including those facilities classified as main and secondary highways by the Pennsylvania Department of Transportation.
COLLECTOR STREETA street, which in addition to providing access to abutting properties (50 or more), intercepts minor streets and provides access to community facilities and/or other collector or arterial streets.
CUL-DE-SACA minor street intersecting a through street at one end and terminating in a vehicular turnaround at the other end or looping back onto itself. This includes traditional culs-de-sac and innovative designs such as looped culs-de-sac.
 |
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Cul-de-sac
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Looped cul-de-sac
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HALF (PARTIAL) STREETA street generally parallel and adjacent to a property line, having a lesser right-of-way width than normally required for satisfactory improvement and use of the street.
LOCAL OR MINOR STREETA street used primarily to provide access to abutting properties.
LOOP STREETA minor street having two points of access onto a through street.
 |
MARGINAL ACCESS STREETA minor street, parallel and adjacent to a major street (perhaps separated from it by a reserve strip) which provides access to abutting properties and control of intersections with the major street.
The division or redivision of a lot, tract or parcel of land
by any means into two or more lots, tracts, parcels or other divisions
of land, including changes in existing lot lines for the purpose,
whether immediate or future, of lease, partition by the court for
distribution to heirs or devisees, transfer of ownership or building
or lot development; provided, however, that the subdivision by lease
of land for agricultural purposes into parcels of more than 10 acres,
not involving any new street or easement of access or any residential
dwelling, shall be exempted.
A licensed surveyor registered by the Commonwealth of Pennsylvania.
An inventory of the source, quantity, yield and use of groundwater
and surface water resources within the Township.
[1]
Editor's Note: The Municipality Authorities Act of 1945 (53
P.S. § 301 et seq.) was repealed by Act 22 of 2001 (June
19, 2001, P.L. 287, No. 22). See now the Municipality Authorities
Act, 53 Pa.C.S.A. § 5601 et seq.
